MBF-705 LEGAL AND REGULATORY ASPECTS OF BANKING SUPERVISION OSMAN BIN SAIF Session: TWENTY SEVEN

Summary of Last session SECTION 7 – Banking Companies Ordinance,

Agenda of this session State Bank of Pakistan Act,

The State Bank of Pakistan Act, 1956 Act No. XXXIII of

CHAPTERS AND SECTIONS CHAPTERDESCRIPTIONSECTIONS IPreliminary1-2 IIEstablishment, Incorporation and Share Capital of the Bank 3-7 IIIManagement8-16 IVBusiness and Functions of the Bank VGeneral

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE BANK OF PAKISTAN 6

The State Bank of Pakistan Act, 1956 WHEREAS it is necessary to provide for the constitution of a State Bank to regulate the monetary and credit system of Pakistan and to foster its growth in the best national interest with a view to securing monetary stability and fuller utilisation of the country's productive resources; 7

PRELIMINARY 1. Short title, extent and commencement (1) This Act may be cited as the State Bank of Pakistan Act, 1956 (2) It extends to the whole of Pakistan (3) It shall come into force at once and except Section 46, shall be deemed to have taken effect on the from the twelfth day of May,

3. Establishment and incorporation of the Bank (1) As soon as may be after the commencement of this Act steps shall be taken to establish, in accordance with the provisions of this Act, a bank to be called the State Bank of Pakistan or Bank Daulat-e- Pakistan, – for the purposes of taking over, as from the first day of July, 1948 the management of the currency from the Reserve Bank of India, and carrying on the business of Central Banking. 9

3. Establishment and incorporation of the Bank (Contd.) (2) The bank shall be a body corporate by the name of State Bank of Pakistan or Bank Daulat-e- Pakistan, having perpetual succession and a common seal, and shall by the said name sue and be sued. 10

4. Share Capital (1) The original share capital of the bank shall be three crores of Rupees divided into three hundred thousand fully paid-up shares of the nominal value of one hundred rupees each, out of which not less than fifty-one percent shall be held by the Federal Government and the balance by the public. 11

4. Share Capital (Contd.) (2) The share capital may be increased by a resolution of the Central Board subject to the approval of the Federal Government, but not less than fifty-one percent of the additional share capital shall be issued to the Federal Government. 12

4. Share Capital (Contd.) (3) The nominal value of Issue price, the manner in which new shares may be issued and allotted and their assignment to the registrar of share holders maintained under sub section (1) of section 7, shall, subject to approval of Federal Government, be determined by the Central Board. 13

5. Guarantee by Federal Government Not withstanding anything contained in the Acts hereinafter mentioned in this section, the shares of the bank shall be deemed to be included among the securities enumerated in the section 20 of the Trusts Act, 1882 and to be approved securities for the purpose of the Insurance Act, 1938 and the Banking Companies Ordinance, 1962 (LVII of 1962). 14

8. Offices, Branches and Agencies (1) The head office of the Bank shall be situated in Karachi. (2) The Bank may establish branches, offices, and agencies in Pakistan, or, with the prior approval of the Federal Government anywhere outside Pakistan. 15

8. Offices, Branches and Agencies (Contd.) (2) The bank shall create a special Agricultural Credit Department, the functions of which shall be:- – (a) to maintain an expert staff to study all questions of agricultural credit and be available for consultation by the Federal Government, Provincial Government, provincial Co-operative Banks and other banking organisations; 16

8. Offices, Branches and Agencies (Contd.) – (b) to co-ordinate the operations of the Banks in connection with the provincial Co-operative Banks and any other organisations engaged in the business of agricultural credit. 17

9. Central Board of Directors (1) The general superintendence and direction of the affairs and business of the Bank shall be entrusted to the Central Board of Directors which may exercise all the powers and do all acts and things that may be exercised or done by the Bank in general meeting or in annual general meeting. 18

9. Central Board of Directors (Contd.) (2) The central Board consist of – – (a) the Governor; – (b) Secretary, Finance Division, Government of Pakistan; and – (c) Seven Directors, including one Director from each province, to be nominated by the Federal Government ensuring representation to agriculture, banking and industrial sectors. 19

9. Central Board of Directors (Contd.) – (3) The Governor shall be the chairman of the Central Board – (4) All decisions of the Central Board shall be taken by majority of members present and voting and in the event of equality of the votes, the Governor may exercise a casting vote. 20

10. GOVERNOR AND DEPUTY GOVERNORS (1) The Governor of the Bank shall be the chief executive officer and shall, on behalf of the Central Board, direct and control the whole affairs of the Banks. 21

10. GOVERNOR AND DEPUTY GOVERNORS (Contd.) (2) In the matters not specifically required by this Act or by regulations made thereunder, to be done by the Central Board or by the Bank in general meeting the Governor shall have authority to conduct the business, control the functions and manage the affairs of the bank. 22

11. Executive Committee (1) There shall be an Executive Committee consisting of the Governor, Deputy Governor, if any, three Directors elected by the Central Board to represent respectively the areas specified in the Schedule and an officer appointed by the Federal Government to act as Member of the Executive Committee. 23

11. Executive Committee (Contd.) (2) Except when the Central Board is in session, the Executive Committee shall deal with and decide any matter within the competence of the Central Board. 24

16. General and annual general meetings (1) The annual general meeting shall be held annually at Karachi, or a place in Pakistan where there is an office or branch of the Bank, within three months from the date on which the annual accounts of the Bank are closed. 25

16. General and annual general meetings (Contd.) (2) In the said meeting the shareholders present shall be entitled to discuss the annual accounts, the report of the Central Board on the working of the Bank throughout the year, and the auditors' report on the annual balance sheet and accounts. (3) A general meeting may be convened by the Central Board at any other time. 26

17. Business which the Bank may transact BUSINESS AND FUNTIONS OF THE BANK The Bank is authorised to carry on and transact the several kinds of business hereinafter specified, namely;- (1) The accepting of money on deposit from, and the collection of money for the Federal government the provincial Government, Local Authorities bank and other persons: provided that no interest shall be paid on deposit received from the Federal Government, a provincial Government, or a local Authority. 27

17. Business which the Bank may transact (Contd.) (b) The purchase sale and rediscount of bill of exchange and promissory notes. 28

17. Business which the Bank may transact (Contd.) (3) (a) The purchase and the sale of approved foreign exchange; (b) The purchase, sale and rediscount of bills of exchange including treasury bills 29

17. Business which the Bank may transact (Contd.) (c) The keeping of balances with banks in countries whose currency has been declared as approved foreign exchange. 30

17. Business which the Bank may transact (Contd.) (4A) The making of loans and advances out of the Rural Credit Fund established under Section 17A for the purposes specified therein; (4B) The making of loans and advances out of the Industrial Credit Fund established under Section 17B for the purposes specified therein; 31

17. Business which the Bank may transact (Contd.) (4C) The making of loans and advances out of the Export Credit Fund established under Section 17C for the purposes specified therein; 32

17. Business which the Bank may transact (Contd.) (5) The making to the Federal Government or Provincial Governments of advances repayable in each case not later than three months from the date of the making of the advance; 33

17. Business which the Bank may transact (Contd.) (6) The making to institutions or banks, specifically established for the purpose of promoting agricultural or industrial development, or for the financing of construction of houses, in the country or co- operative banks of advances and loans for such amounts and on such terms and conditions as the Central Board may decide from time to time; 34

17. Business which the Bank may transact (Contd.) (12) The sale and realisation of all property, whether movable or immovable which may in any way come into the possession of the Bank in satisfaction, or part satisfaction of any of its claims; 35

17. Business which the Bank may transact (Contd.) (13) The acting as agent to Federal Government, any Provincial Government, or any Local Authority in the transaction of any of the following kinds of business, namely:- – (a) the purchase and sale of gold or silver or approved foreign exchange; 36

17. Business which the Bank may transact (Contd.) (b) the purchase, sale, transfer and custody of bills of exchange, securities or share in any company; 37

17. Business which the Bank may transact (Contd.) (c) the collection of the proceeds, whether principal or interest, profit, dividend or other return, of any securities; (d) the remittance of such proceeds at the risk of the principal, by bills of exchange payable either in Pakistan or elsewhere; (e) the management of public debt; and (f) the transacting of special drawing rights with the International Monetary Fund; 38

17. Business which the Bank may transact (Contd.) (18) The exercise of powers and the performance of functions and duties entrusted to the Bank by or under this Act or any other law for the time being in force; 39

17. Business which the Bank may transact (Contd.) (19) Establish credits and give guarantees; 40

20. Business which the Bank may not transact The Bank shall not, except as authorised under this Act- – (1) Engage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking except such interest as it may in any way acquire in the course of the satisfaction of any of its claims, but all such interest shall be disposed of at the earliest possible moment; 41

21. Government business (1) The Bank shall undertake to accept moneys for account of the Federal Government and Provincial Governments and to make payments up to the amount standing to the credit of their accounts respectively and to carry out their exchange, remittance and other banking operations including the management of public debt. 42

26. Issue Department (1) The issue of Bank Notes shall be conducted by the Bank in an Issue Department which shall be separated and kept wholly distinct from the Banking Department and the assets of the Issue Department shall not be subject to any liability other than the liabilities of the Issue Department as hereinafter defined in Section

27. Denominations and form of Bank Notes Bank Notes made and issued by the bank shall be in such denominations and of such design, form and material as may be approved by the Federal Government on the recommendations of the Central Board. 44

28. Re-issue of Notes The Bank shall not re-issue Bank Notes which are torn, defaced or excessively soiled. 45

29. Lost, Stolen, mutilated or imperfect notes Notwithstanding any contained in any enactment or rule of law to the contrary, no person shall as of right be entitled to recover from the Federal Government or the Bank the value of any lost, stolen, mutilated or imperfect Bank Note. 46

36. Cash Reserve of Scheduled Banks to be kept with the Bank (1) Every scheduled bank shall maintain with the Bank a balance the amount of which shall not at the close of business on any day be less than such percentage of demand liabilities and that of the time liabilities of such bank in Pakistan as may be determined by the State Bank. 47

39. Publication of consolidated statement by the Bank The Bank shall compile and publish in such manner and at such times as the Federal Government may direct, a consolidated statement from such information as may be received under this Act. 48

Summary of this session State Bank of Pakistan Act, 1956 CHAPTERDESCRIPTIONSECTIONS IPreliminary1-2 IIEstablishment, Incorporation and Share Capital of the Bank 3-7 IIIManagement8-16 IVBusiness and Functions of the Bank VGeneral

THANK YOU 50